Tuesday, August 26, 2014
The title of this post is the title of this terrific new Brookings research paper which takes a close look at Washington state’s early experience in legalization of recreational marijuana. Here is how the report is summarized on the Brookings website:
Voters in Washington state decided in November 2012 to legalize marijuana in their state, inspired by a campaign that emphasized minimizing the drug’s social costs and tightly controlling the legal recreational market. Joined to this drug policy experiment is a second innovative experiment that emphasizes knowledge: the state will fund and develop tools necessary to understand the impact of legalization on Washington’s law enforcement officials, communities, and public health.
This second reform, though less heralded than the attention-grabbing fact of legalization, is in many ways just as bold. Washington’s government is taking its role as a laboratory of democracy very seriously, tuning up its laboratory equipment and devoting resources to tracking its experiment in an unusually meticulous way, with lessons that extend well beyond drug policy.
Brookings’ Philip Wallach interviewed advocates, researchers, and government policymakers in Washington to learn about the state’s novel approach. In this report, he highlights several noteworthy features:
- Building a funding source for research directly into the law: a portion of the excise tax revenues from marijuana sales will fund research on the reform’s effects and on how its social costs can be effectively mitigated.
- Bringing to bear many perspectives on legalization by coordinating research efforts across multiple state agencies, including the Department of Social and Health Services, the Department of Health, and the Liquor Control Board.
- Mandating a cost-benefit analysis by the state’s in-house think tank, which will be nearly unprecedented in its scope and duration.
Wallach makes a number of suggestions to ensure that Washington’s knowledge experiment can be made to work, including:
- Ensure political independence for researchers, both by pressuring politicians to allow them to do their work and by encouraging the researchers themselves to refrain from making political recommendations
- Gather and translate research into forms usable by policymakers
- Counter misinformation with claims of confident uncertainty
- Have realistic expectations about the timeline for empirical learning, which means cultivating patience over the next few years
- Specify which reliable metrics would indicate success or failure of legalization
August 26, 2014 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Sunday, August 10, 2014
The title of this post is the headline of this front-page New York Times article. Here are excerpts:
Nearly four years ago, Dr. Sue Sisley, a psychiatrist at the University of Arizona, sought federal approval to study marijuana’s effectiveness in treating military veterans with post-traumatic stress disorder. She had no idea how difficult it would be.
The proposal, which has the support of veterans groups, was hung up at several regulatory stages, requiring the research’s private sponsor to resubmit multiple times. After the proposed study received final approval in March from federal health officials, the lone federal supplier of research marijuana said it did not have the strains the study needed and would have to grow more — potentially delaying the project until at least early next year.
Then, in June, the university fired Dr. Sisley, later citing funding and reorganization issues. But Dr. Sisley is convinced the real reason was her outspoken support for marijuana research. “They could never get comfortable with the idea of this controversial, high-profile research happening on campus,” she said.
Dr. Sisley’s case is an extreme example of the obstacles and frustrations scientists face in trying to study the medical uses of marijuana. Dating back to 1999, the Department of Health and Human Services has indicated it does not see much potential for developing marijuana in smoked form into an approved prescription drug....
Scientists say this position has had a chilling effect on marijuana research. Though more than one million people are thought to use the drug to treat ailments ranging from cancer to seizures to hepatitis C and chronic pain, there are few rigorous studies showing whether the drug is a fruitful treatment for those or any other conditions. A major reason is this: The federal government categorizes marijuana as a Schedule 1 drug, the most restrictive of five groups established by the Controlled Substances Act of 1970. Drugs in this category — including heroin, LSD, peyote and Ecstasy — are considered to have no accepted medical use in the United States and a high potential for abuse, and are subject to tight restrictions on scientific study.
In the case of marijuana, those restrictions are even greater than for other controlled substances.... To obtain the drug legally, researchers like Dr. Sisley must apply to the Food and Drug Administration, the Drug Enforcement Administration and the National Institute on Drug Abuse — which, citing a 1961 treaty obligation, administers the only legal source of the drug for federally sanctioned research, at the University of Mississippi. Dr. Sisley’s proposed study also had to undergo an additional layer of review from the Public Health Service that is not required for other controlled substances in such research.
The process is so cumbersome that a growing number of elected state officials, medical experts and members of Congress have started calling for loosening the restrictions. In June, a letter signed by 30 members of Congress, including four Republicans, called the extra scrutiny of marijuana projects “unnecessary,” saying that research “has often been hampered by federal barriers.”
“It defies logic in this day and age that marijuana is still in Schedule 1 alongside heroin and LSD when there is so much testimony to what relief medical marijuana can bring,” Gov. Lincoln Chafee of Rhode Island said in an interview. In late 2011, he and the governor of Washington at the time, Christine O. Gregoire, filed a petition asking the federal government to place the drug in a lower category. The petition is still pending with the D.E.A.
Despite the mounting push, there is little evidence that either Congress or the Obama administration will change marijuana’s status soon. In public statements, D.E.A. officials have made their displeasure known about states’ legalizing medical and recreational marijuana.
August 10, 2014 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research | Permalink | Comments (0)
Sunday, August 3, 2014
The title of this post is the title of this notable new Working Paper coming from the non-profit National Bureau of Economic Research authored by D. Mark Anderson, Benjamin Hansen and Daniel Rees. Here is the abstract:
While at least a dozen state legislatures in the United States have recently considered bills to allow the consumption of marijuana for medicinal purposes, the federal government is intensifying its efforts to close medical marijuana dispensaries. Federal officials contend that the legalization of medical marijuana encourages teenagers to use marijuana and have targeted dispensaries operating within 1,000 feet of schools, parks and playgrounds. Using data from the national and state Youth Risk Behavior Surveys, the National Longitudinal Survey of Youth 1997 and the Treatment Episode Data Set, we estimate the relationship between medical marijuana laws and marijuana use. Our results are not consistent with the hypothesis that legalization leads to increased use of marijuana by teenagers.
Wednesday, July 30, 2014
Interesting history as New York Times highlights its "the Editorial Board's changing view of marijuana over six decades"
As part of its new editorial series in support of repealing marijuana prohibition (basics here), the New York Times has this fascinating page titled "Evolving on Marijuana," which provides key quotes from key editorials about marijuana law and policy over the last 50 years. Here are some of the highlights of this interesting history:
1966: Experience has tragically demonstrated that marijuana is not "harmless."... For a considerable number of young people who try it, it is the first step down the fateful road to heroin.
1969: The law should surely make a distinction between soft and hard drugs.... For the nation to lapse merely into a simplistic crack-down in reaction to the terribly complicated drug problem would only be, in its own way, to freak out."
1969: Simple possession of LSD ... calls for a maximum sentence of only one year, as against ten for marijuana.... The discrepancy is as glaring as it is absurd. How will anyone know what the restriction on marijuana should be until there is the kind of objective, authoritative report that has been called for by Senator Moss of Utah and Representative Koch of New York?
1970: The nation deserves better answers to the questions about pot. Is it really harmful? Should the law continue to treat it in the same manner as heroin? ... Few substances have been so flatly banned and yet so widely used as marijuana, so much discussed and yet so little researched.
1971: Marijuana is not a “narcotic”... At the same time, it is a dangerous drug.... if marijuana is dangerous, the law must reflect this fact. The subcommittee’s report wisely suggests that both use and sale should remain criminal offenses, although punishable by reduced penalties, especially in the case of first-time offenders and experimenters.
1972: ... the dangers inherent in smoking marijuana appear to be less than previously assumed. ... What is immediately called for is a sharp scaling down of marijuana penalties, elimination of criminal sanctions for its use or possession and reduction of penalties for its small-quantity sales. A failure of legislatures to base legal sanctions on the best medical evidence available can only undermine respect for the law.
1978: Marijuana shows great, but not fully proven, potential as a therapeutic agent. ... Marijuana boosters want it legalized immediately for widespread medical use. That would be premature. The need now is for accelerated research to define its medical value. Yet progress has been greatly slowed by the drug's lingering notoriety.
1982: The sweet-acrid scent of marijuana is everywhere these days... According to the National Institute of Drug Abuse, roughly 30 million Americans smoke it regularly. ... Like it or not, marijuana is here to stay. Some day, some way, a prohibition so unenforceable and so widely flouted must give way to reality.
1996: It is difficult to dismiss the testimony from many seriously ill patients ... that marijuana can ease pain... ... It ought to be possible to regulate marijuana as a prescription drug if it is found to be of legitimate benefit for sick people.
2012: Millions of people have been arrested under the policy for minor violations, like possession of small amounts of marijuana. And one thing is beyond dispute: this arrest-first policy has filled the courts to bursting with first-time, minor offenders who do not belong there and wreaked havoc with people's lives.
2013: On marijuana policy, there’s a rift between the federal government and the states. … The Justice Department has taken a step toward figuring out this peculiar dance between the federal government and the states. If it wants its “trust but verify” approach to work, it will have to start filling in the details.
2013: Assuming the argument that alcohol and marijuana are “substitutes” bears out, that could be good news, especially for road safety. Of the two substances, alcohol is far more hazardous. For the most part, marijuana-intoxicated drivers show only modest impairments on road tests. Several studies have suggested that drivers under the influence of marijuana actually overestimate their impairment.
2014: On New Year’s Day, government-licensed recreational marijuana shops opened in Colorado ... Later in 2014, marijuana retailers will open in Washington State. As public opinion shifts away from prohibition, these two states will serve as test cases for full-on legalization.
July 30, 2014 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Sunday, July 27, 2014
The title of this post is the headline in this (historic?) new New York Times editorial calling for the legalization of marijuana. Here are excerpts:
It took 13 years for the United States to come to its senses and end Prohibition, 13 years in which people kept drinking, otherwise law-abiding citizens became criminals and crime syndicates arose and flourished. It has been more than 40 years since Congress passed the current ban on marijuana, inflicting great harm on society just to prohibit a substance far less dangerous than alcohol.
The federal government should repeal the ban on marijuana.
We reached that conclusion after a great deal of discussion among the members of The Times’s Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws.
There are no perfect answers to people’s legitimate concerns about marijuana use. But neither are there such answers about tobacco or alcohol, and we believe that on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization. That will put decisions on whether to allow recreational or medicinal production and use where it belongs — at the state level.
We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these.
But that would leave their citizens vulnerable to the whims of whoever happens to be in the White House and chooses to enforce or not enforce the federal law.
The social costs of the marijuana laws are vast. There were 658,000 arrests for marijuana possession in 2012, according to F.B.I. figures, compared with 256,000 for cocaine, heroin and their derivatives. Even worse, the result is racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals.
There is honest debate among scientists about the health effects of marijuana, but we believe that the evidence is overwhelming that addiction and dependence are relatively minor problems, especially compared with alcohol and tobacco....
There are legitimate concerns about marijuana on the development of adolescent brains. For that reason, we advocate the prohibition of sales to people under 21.
Creating systems for regulating manufacture, sale and marketing will be complex. But those problems are solvable, and would have long been dealt with had we as a nation not clung to the decision to make marijuana production and use a federal crime.
In coming days, we will publish articles by members of the Editorial Board and supplementary material that will examine these questions. We invite readers to offer their ideas, and we will report back on their responses, pro and con.
We recognize that this Congress is as unlikely to take action on marijuana as it has been on other big issues. But it is long past time to repeal this version of Prohibition.
In addition, today's New York Times has these related signed editorial pieces to kick off its series of coverage:
July 27, 2014 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Thursday, July 24, 2014
The Washington Post has this interesting article which highlights some reasons why I tend to think marijuana reform movements will continue to gain steam. The article is headlined "The lonely lot of the anti-pot crusader," and here are excerpts:
Parents [against drug reforms], once heroes of the just-say-no 1980s, find themselves outgunned: The anti-marijuana movement has little funding or staff, little momentum and, it appears, little audience.
Decriminalization went into effect last week in the District, setting a $25 penalty for possession of up to an ounce of weed. Earlier in July, pro-marijuana activists scored another victory, submitting 57,000 voter signatures, more than double the number required, to bring the ballot measure, which could add the District to the vanguard of legalization along with Colorado and Washington state....
“Interestingly, whenever we have a debate on TV, we hear the producer asking, ‘Who can we get to debate against marijuana?’ ” says Tony Newman, spokesman for the reformist Drug Policy Alliance. The cable-show bookers’ “con” choices are indeed scant.
“It’s unbelievable what’s happened,” says Robert DuPont, a psychiatrist who was the first director of the National Institute on Drug Abuse in the 1970s. “You can’t find anybody to speak on the other side. . . . The leaders in both parties have completely abandoned the issue.”
DuPont, an addiction specialist, could hold his own in any debate about drugs. He and other experts point to research showing that 9 percent of marijuana users become addicted, a figure that rises to 16 percent when use begins in teen years. In various studies, weed also is linked to lower academic performance and mental illness and other health problems.
The marijuana normalization movement bats back such findings by citing the devastating results of alcohol and tobacco dependency and abuse, for example, and the palliative effects of marijuana as medicine. And they say the disproportionately higher rate of minorities’ arrests and incarceration for pot-related offenses have caused greater social harm — which became a major selling point for decriminalization in the District.
Backed by deep-pocketed funders, the legalizers deploy lobbyists, spokesmen and researchers from well-staffed organizations like the Marijuana Policy Project, the Drug Policy Alliance, Americans for Safe Access and the National Organization for the Reform of Marijuana Laws (NORML). They even have their own business alliance: the National Cannabis Industry Association.
“These guys are in a full-court press coming at you from every angle,” says DuPont, 78, who runs the small, Rockville-based Institute for Behavior and Health. He sounds exasperated. “They have a bench 1,000 people deep. . . . We’ve got Kevin Sabet.”
Sabet, 35, first testified before the Senate against drug legalization when he was 17 and now runs an anti-pot-legalization group called Smart Approaches to Marijuana (SAM). Last year he made No. 1 on Rolling Stone’s “Legalization’s Biggest Enemies” list. “Do we want a stoned America?” asks Sabet, who has served drug czars in the Clinton, Bush and Obama administrations. “Is that where we want to go at a time when America’s place in the world, in terms of academic and economic competitiveness, is greatly threatened? Good luck.”
Based in Cambridge, Mass., Sabet says he commits “100-plus hours a week” to raising the alarm and has help from SAM affiliates in 27 states. People who still see grass as “a harmless giggle in our basement” are ignoring the “Wall Street sharks” hoping to profit from a nationwide cannabis industry as large and powerful as the booze or tobacco businesses, he says. Sabet predicts increases in buzzed driving and health problems.
But such arguments clearly have not stopped the other side’s momentum. “Woeful Kevin” is what Allen St. Pierre, NORML’s executive director, calls Sabet. “I feel blessed by someone like Kevin,” St. Pierre says. “Since he has come on the scene we have prevailed, prevailed, prevailed. We could use 500 Kevins.”...
Promoting a message of compassion for the sick, medical marijuana advocates led the way in the 1990s to a more accepting public view toward recreational pot. The number of pro-pot groups began to surge. “It’s our fault,” Sabet admits, but he cites one mitigating factor. “They have money and we don’t.”
Still, other forces explain why reform has caught on now, including supportive baby boomer voters; a lingering recession that dampened government revenue, making the taxation of marijuana tempting; and an overwhelming public view that alcohol prohibition was a “great failed experiment,” St. Pierre says. In addition, the Obama administration decided not to challenge legalization in Washington and Colorado and to allow banks to do business with legal marijuana sellers.
“This is like gay marriage,” St. Pierre argues. “Twenty years ago if you voted for it you were a loser; now 20 years later, if you vote against it you’re a loser.” In the District, the legalizers are predicting success. Sabet’s group decided against challenging the signatures gathered for the ballot initiative: “We are picking our battles,” he says.
Tuesday, July 8, 2014
As reported in this AP article, headlined "Line forms early, trucks deliver goods as Washington’s legal pot sales start," today officially kicks off legal recreational marijuana sales in a second US state. Here are the basics:
Marijuana growers loaded trucks with boxes of packaged pot on Tuesday as lines of customers grew outside a handful of stores poised to be the first to sell recreational cannabis legally in Washington state.
“I voted for it, and I’m just so excited to see it come to be in my lifetime,” said Deb Greene, a 65-year-old retiree who waited all night outside Cannabis City, the only licensed shop in Seattle. “I’m not a heavy user; I’m just proud of our state for giving this a try.”
Tuesday’s start of legal pot sales in Washington marks a major step that’s been 20 months in the making. Washington and Colorado stunned much of the world by voting in November 2012 to legalize marijuana for adults over 21, and to create state-licensed systems for growing, selling and taxing the pot. Sales began in Colorado on Jan. 1.
The final days before sales have been frenetic for growers and retailers alike throughout Washington. Cannabis City owner James Lathrop and his team hired an events company to provide crowd control, arranged for a food truck and free water for those who might spend hours waiting outside, and rented portable toilets to keep his customers from burdening nearby businesses with requests to use the restrooms.
Store openings are expected to be accompanied by high prices, shortages and celebration. As soon as the stores were notified Monday, they began working to place their orders with some of the state’s first licensed growers. Once the orders were received through state-approved software for tracking the bar-coded pot, the growers placed their products in a required 24-hour “quarantine” before shipping it Tuesday morning.
Sea of Green Farms co-owner Bob Leeds got an early start Tuesday as he loaded about seven pounds of marijuana into boxes for a drive to Bellingham and delivery to the Top Shelf Cannabis store in time for its 8 a.m. opening. The pot was packaged in 1 gram plastic bags. An AP survey of licensees awarded by Washington state to store owners showed that only about six planned to open Tuesday, including two stores in Bellingham, one in Seattle, one in Spokane, one in Prosser and one in Kelso. Some were set to open later this week or next, while others said it could be a month or more before they could acquire marijuana to sell.
Officials eventually expect to have more than 300 recreational pot shops across the state. Pot prices were expected to reach $25 a gram or higher on the first day of sales — twice what people pay in the state’s unregulated medical marijuana dispensaries. That was largely due to the short supply of legally produced pot in the state. Although more than 2,600 people applied to become licensed growers, fewer than 100 have been approved — and only about a dozen were ready to harvest by early this month.
Nevertheless, John Evich, an investor in Bellingham’s Top Shelf Cannabis, said his shop wanted to thank the state’s residents for voting for the law by offering $10 grams of one cannabis strain to the first 50 or 100 customers. The other strains would be priced between $12 and $25, he said.
Wednesday, July 2, 2014
The second half of 2014 brings notable new developments in both Colorado and Washington, as detailed in these two notable press reports:
Only six months old, Colorado's recreational marijuana industry starts a transformation Tuesday that could add hundreds of new pot businesses to the state and reconfigure the market's architecture.
Previously, only owners of existing medical marijuana shops could apply to open recreational stores, and all businesses had to be generalists, growing the pot that they sold. The model matches what is required of medical marijuana dispensaries.
Starting Tuesday, newcomers to the industry can apply for recreational marijuana business licenses. What's more, when these new businesses begin opening in October, all recreational marijuana companies will be allowed to specialize — as wholesale growers without a storefront, for instance, or as stand-alone stores that don't grow their supply. The only requirement is that owners be Colorado residents.
"We are going into uncharted territory," said Sam Kamin, a University of Denver law professor who has tracked developments in Colorado's marijuana industry. "It's something that hasn't happened in medical (marijuana), and it hasn't happened in recreational."
Pete O'Neil saw Washington's legalization of marijuana in 2012 as a path to retirement, or at least to his kids' college tuition. He's paid tens of thousands of dollars of rent on possible locations for a pot-shop chain, hired lawyers and picked out flooring. But now the nation's second legal recreational marijuana industry is about to start without him.
O'Neil struck out in Washington's lottery for coveted pot-shop licenses. He has unsuccessfully tried to buy companies that scored a lucky number. In frustration, he's turning what would have been his Seattle retail store into a medical marijuana dispensary. "Our company is bleeding money, and I haven't sold a single joint," O'Neil says.
As Washington plows toward the legalization of pot, it's finding that getting the cannabis market off the ground has been tougher than anyone imagined. Among the frustrated are growers who have been waiting months for permission to start raising their bar-coded plants; advocates who wish more public health messaging had been done by now; and would-be pot vendors like O'Neil who say bad luck, minor oversights on their applications or errors by state officials have torpedoed otherwise promising efforts.
Washington's Liquor Control Board expects to issue the first 15 to 20 marijuana retail licenses July 7, months later than first expected, but it's not clear how many of those shops are ready. Board staff members said last week only one shop in Seattle is prepared for its final inspection.
Wednesday, June 11, 2014
The title of this post is the title of this notable new report from the Drug Policy Alliance. Here is an excerpt from the report's executive summary:
The Drug Enforcement Administration (DEA) is charged with enforcing federal drug laws. Under the Controlled Substances Act of 1970, its powers include the authority to schedule drugs (alongside other federal agencies) and to license facilities for the production and use of scheduled drugs in federally-approved research. Those powers are circumscribed by a statute that requires the agency to make its determinations based on scientific data.
The case studies compiled in this report illustrate a decades-long pattern of behavior that demonstrates the agency's inability to exercise its responsibilities in a fair and impartial manner or to act in accord with the scientific evidence – often as determined by its Administrative Law Judges.
The following case studies are included in this report:
- DEA Obstructs Marijuana Rescheduling: Part One, 1973-1994
- DEA Overrules Administrative Law Judge to Classify MDMA as Schedule I, 1985
- DEA Obstructs Marijuana Rescheduling: Part Two, 1995-2001
- DEA Overrules Administrative Law Judge to Protect Federal Monopoly on Marijuana for Research, 2001-2013
- DEA Obstructs Marijuana Rescheduling: Part Three, 2002-2013
These case studies reveal a number of DEA practices that work to maintain the existing, scientifically unsupported drug scheduling system and to obstruct research that might alter current drug schedules.
Tuesday, June 3, 2014
Haven't you wondered about the tobacco industry's attitude toward/ involvement in marketing marijuana? I have especially now because there seems to be an inverse relationship between attitudes toward tobacco use and attitudes toward marijuana use.
A study released today by the Milbank Quarterly provides a historical answer to this question and a public health warning. Based on a search of a library of tobacco company documents, the researchers concluded that "since at least the 1970s, tobacco companies have been interested in marijuana and marijuana legalization as both a potential and a rival product." The conclusion warns that "legislators, regulators and members of the public must take into account that multinational tobacco companies are prepared to enter the market with incentives to increase the use of the drug." Hmm. What lessons should marijuana legalization take from tobacco regulation? Which lessons don't apply?
Monday, May 26, 2014
The title of this post is the title of this notable new and timely paper by Mary Fan now available via SSRN. Here is the abstract:
This article addresses an open question of pressing practical import – whether people and businesses operating in the shadow of a legalization conflict have a reliance defense. A legalization conflict arises when conduct is decriminalized by one authority while remaining criminalized under another legal regime. For example, drugs, guns, undocumented immigrants, and giving legal advice or financial support for certain activities, may be both illegal and legal under conflicting regimes. People plan their lives, hopes and financial affairs around legalization laws and decrees. If people take actions now in reliance, will they face sanctions later? The question is of great import for many people and businesses, as well as the lawyers who advise them.
The article argues that reliance defenses should be available when governmental actors in charge of enforcing the criminal regime expressly acquiesce in the competing legalization. In such cases, reliance is reasonable and estoppel is required lest people or businesses be lulled by the statements of actors charged with administering the law into a snare of sanctions. Potential objections regarding privileging governmental lawlessness and the danger of giving people a normative choice of law that enables strategic gamesmanship are addressed.
May 26, 2014 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate | Permalink | Comments (0)
Monday, May 5, 2014
This year we celebrate the 70th anniversary of the La Guardia Committee report on “The Marihuana Problem in the City of New York.” To mark this anniversary, the Drug Policy Alliance and the New York Academy of Medicine, which participated in the original report, held a conference on the Past, Present and Future of Marijuana Policies in New York . My day job kept me from attending; anyone who did please skip to the end of this post and comment on what occurred.
As many readers of this blog post probably know, the La Guardia Report, released during the “Reefer Madness” period of marijuana rhetoric, came to the positive but cautious conclusion that “that the sociological, psychological, and medical ills commonly attributed to marihuana have been found to be exaggerated insofar as the City of New York is concerned.” The research which forms the basis of the study was conducted with methodological care; my personal highlight was the use of a Jack Benny radio program to test sense of humor under the influence of marijuana. The sociological and medical findings on the effect/non-effect of marijuana are still valid today, and the report concludes by noting and reminding its readers that marijuana had medical uses as an exit drug.
According to Hallmark, the traditional gift for a 40th anniversary is a ruby. But the obvious gift for this anniversary is reform of New York marijuana laws or at least passage of a medical marijuana bill.
Monday, April 14, 2014
The optimist in me is starting to think that someday the effort to legalize marijuana in the US will be a piece of [successful] history and a piece of history that should be preserved.
So, I was very happy to find out about the 420 Archive at the ASA [Americans for Safe Access] conference in DC lastweekend. The mission of the 420 Archive ,which is in the throes of becoming a 501(c)(3),is
To research, collect and preserve for public enrichment the history, activism and culture of 20th and 21st century U. S. cannabis production and marijuana prohibition with an emphasis on California and the western United States.
The 420 Archive will seek out oral histories and documents related to this mission, help other organizations archive their collection and in 10 to 15 years or so hand over their collection to an institution that will maintain the material permanently and go out of business.
Oral histories from legal pioneers and legal materials should be part of this archive. But which legal pioneers? Keith Stroup from NORML is one of my nominations but what about the unknown public defenders and criminal defense attorneys who helped clients on possession charges? California's Proposition 215 must be there but what will be the last legal document in the archive, the one just before "The End"? The fiftieth state's law allowing adult recreational use? The federal law amending the Controlled Substances Act to remove marijuana from Schedule I?
What would you include in the 420 Archive? Looking forward to your comments.
Tuesday, March 4, 2014
The title of this post is the title of this new post by Jordan Cunnings at the blog crImmigration.com. The full post is worth a read, and here is how it starts:
In a recent New Yorker interview, President Obama described marijuana use as a “bad habit and a vice, not very different from. . . cigarettes,” and not more dangerous than drinking. The President expressed concern with the disproportionate rates of criminal punishment for marijuana use in poor and minority communities, and spoke favorably of recent efforts to legalize small amounts of the drug in the states of Colorado and Washington.
While Obama’s comments may be a good sign for marijuana legalization advocates, his personal viewpoint is glaringly inconsistent with his administration’s consistently harsh enforcement efforts in the area of marijuana use and immigration. While marijuana use is legal in one form or another in twenty states and the District of Columbia, and banks now have the green light from the Treasury Department to finance legally operating marijuana dispensaries, noncitizens remain at risk for incredibly harsh and disproportionate immigration consequences when using small amounts of marijuana. Low-level marijuana charges often funnel noncitizens into the immigration law system, prevent otherwise-eligible noncitizens from obtaining lawful immigration status, and subject lawfully present noncitizens to deportation. Worse yet, marijuana laws are disproportionately enforced in poor and minority communities—as Obama himself noted, “[m]iddle class kids don’t get locked up for smoking pot, and poor kids do”—meaning that marijuana citations and arrests may disproportionately impact the people of color who make up the bulk of today’s immigrant groups.
Though recent prosecutorial discretion memos by the former head of the Immigration and Customs Enforcement (ICE) agency John Morton purport to refocus enforcement priorities away from individuals who have only minor criminal histories, immigration law enforcement statistics from the past two years show that this policy is not being followed. Marijuana laws are disproportionately enforced in poor and minority communities – as Obama himself noted, “[m]iddle class kids don’t get locked up for smoking pot, and poor kids do” — meaning that marijuana citations and arrests often serve as entry point into the criminal justice system and then the deportation system. A Transactional Records Access Clearinghouse (TRAC) review of ICE documents from fiscal years 2012 and 2013 found that marijuana possession was one of the top five most common offenses for which ICE issued immigration detainers against individuals. This means that thousands of noncitizens are funneled into ICE custody after being charged with low-level marijuana possession offenses.
March 4, 2014 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, International Marijuana Laws and Policies | Permalink | Comments (1)
Thursday, January 23, 2014
The title of this post is the headline of this notable new article appearing in The Atlantic. I am pleased that my law school seminar, Marijuana Law, Policy and Reform, is discussed in the piece, and I am even more pleased to learn from the article that at least one other law school is now innovating in this interesting new legal space:
Professors who found an intersection between the cannabis issue and their own area of study are not the only ones pushing to introduce cannabis to higher education. Rehman Bhalesha, a South Texas College of Law student, approached the dean about wanting to establish a drug policy institute at the law school that concentrated on the legalization of cannabis. Instead, the school started a collaboration with Rice University's Baker Institute, which already focused on drug policy. The first class at South Texas College of Law, which covered cannabis legislation, was taught last spring semester. It is offered again this semester.
“Internally, the administration is really thrilled about it because it’s something innovative. And the students are excited because they get to feel like they’re putting their legal knowledge to use and to do something that might have a lasting impact in the real world. They’re not just taking exams and doing make-believe projects. We’re taking what they draft and turning it over to people who have been approached by state legislators asking for ideas,” said Dru Stevenson, the professor who teaches the legislation course.
Students in the legislation class have a range of personal feelings about cannabis. Some feel all drugs should be legalized, others think cannabis should be legalized for medical purposes only, while a few others think all drugs are bad. But Stevenson said even those who think no one should ever consume cannabis recognize the trend toward relaxing cannabis laws from a historical perspective.
“I teach a lot of courses, but I’ve never had one where people were emailing me months in advance wanting to make sure that I’m going to be offering the course and wishing they could reserve a seat ahead of time,” Stevenson said.
Monday, January 20, 2014
In this post a few months ago on the 50th Anniversary of Dr. Martin Luther King Jr.’s famed "I Have A Dream" speech, I asked this question: Do (and should) marijuana reform advocates consider themselves civil rights activists like MLK?." Now, as a way to honor the special day in which we honor the legacy of Dr. King's work, I provide this abridged and tweaked version of famed "I Have A Dream" speech:
One score and four years ago, Congress enacted the Controlled Substances Act. This momentous decree came as a great prohibition to millions Americans who had been enjoying the flames of a plant. It came as a notable break to end the long American history of freedom to grow and use marijuana. Forty four years later, the American pot user still is not free. Forty four years later, the life of the American pot user is still sadly crippled by the manacles of marijuana prohibition and the chains of incarceration. Forty four years later, the American pot user lives on a peculiar island of marijuana prohibition in the midst of a vast ocean of alcohol and tobacco and prescription drug use and abuse. Forty four years later, the American pot user still languishes in the corners of American black markets and finds himself in exile in his own land....
When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir.
This note was a promise that all men, yes, men who like marijuana as well as men who like alcohol, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness....
It would be fatal for the nation to overlook the urgency of the moment. This exciting winter of legitimate marijuana sales will not pass until there is an invigorating autumn of freedom and equality. Twenty Fourteen is not an end, but a beginning. Those who hope that the American pot user needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the American pot user is granted his liberty and rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges....
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident; that all men are created equal."
I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood with marijuana as well as with alcohol.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the intoxicant they responsibly enjoy but by the content of their character....
I have a dream that one day every valley shall be exhalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith that I will go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood.
With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with new meaning, "My country 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the Pilgrims' pride, from every mountainside, let freedom ring."
And if America is to be a great nation, this must become true. So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania.
Let freedom ring from the snow-capped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California. But not only that; let freedom ring from the Stone Mountain of Georgia. Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and molehill of Mississippi. From every mountainside, let freedom ring.
And when this happens, and when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, "Free at last! Free at last! Thank God Almighty, we are free at last!"
Tuesday, November 19, 2013
Especially because I tend to be under-informed about immigration laws and policies, I am very excited that the student-selected topic for discussion this week in my Marijuana Law, Policy and Reform seminar is the impact of marijuana laws on immigration and extradition issues. Here are the readings assembled by the students as background:
Congress House Resolution 499 Ending Federal Marijuana Prohibition Act of 2013 (Introduced 02/05/2013)
Moncrieffe SCOTUS ruling summary from NY Times
Nancy Morawetz, Rethinking Drug Inadmissibility, 50 Wm. & Mary L. Rev. 163 (2008) (accessed through Hein Online)
Moncrieffe v. Holder - recent SCOTUS decision holding small amounts of marijuana is not an aggravated felony under the INA
DOJ resource in immigration law fundamentals (focus on only page 25 and top of page 26 discussing controlled substances within the INA)
Article "Reefer Madness" by Eric Schlosser from The Atlantic discussing the history of marijuana and marijuana prohibition in the U.S.
UPDATE: My students also have suggested that these issues merit consideration of "whether or not legalizing marijuana in the United States will thwart the drug cartels in Mexico [and how this impacts] the massive amount of Mexican asylum cases the US is currently receiving (and denying)."
Here are additional readings on this topic:
And some conflicting views on whether or not marijuana legalization would stop Mexican cartels:
Thursday, November 7, 2013
The question in the title of this post is drawn from a quote by someone from the Beer Institute appearing in this notable new National Journal item headlined "Alcohol Is Really Pissed Off at Marijuana Right Now; The marijuana industry is convincing Americans its substance is safer than alcohol, and booze lobbyists don't like it." Here are excerpts from the new National Journal piece:
Marijuana has been giving alcohol a bad name. So contend booze lobbyists, who are getting sick of an ad campaign that makes the claim that pot is safer than their beloved beverages.
"We're not against legalization of marijuana, we just don't want to be vilified in the process," said one alcohol industry representative who didn't want to be quoted harshing his colleagues mellow. "We don't want alcohol to be thrown under the bus, and we're going to fight to defend our industry when we are demonized."
The marijuana industry has had a good couple of years: a recent poll found that 58 percent of the country thinks the product should be legal, recreational use has been legalized in two states already, and this past election saw the city of Portland, Maine, legalize 2.5 ounces of pot. Ahead of the vote in Portland — which received 70 percent support — the Marijuana Policy Project put up signs around the city with messages like "I prefer marijuana over alcohol because it doesn't make me rowdy or reckless," and "I prefer marijuana over alcohol because it's less harmful to my body."
Alcohol lobbyists believe it's a "red herring" to compare the two. "We believe it's misleading to compare marijuana to beer," said Chris Thorne of the Beer Institute. "Beer is distinctly different both as a product and an industry."
Thorne notes that the alcohol industry is regulated, studied extensively, and perhaps more importantly already an accepted part of the culture. "Factually speaking beer has been a welcome part of American life for a long time," he said. "The vast majority drink responsibly, so having caricatures won't really influence people."
But MPP takes issue with the idea they are painting a false picture. In a recent Op-Ed for CNN, Dan Riffle, the group's director of federal policies, notes that according to the Centers for Disease Control excessive alcohol use is the third leading lifestyle-related cause of death. Booze also "plays a role in a third of all emergency room visits," he says....
"That's like saying we shouldn't talk about relative harms of sushi to fried chicken," said Mason Tvert, who in addition to working at MPP wrote a book called Marijuana is Safer: So Why are We Driving People to Drink? "It's important that people know the relative harms of all substances, so there's no reason not to talk about the two most popular substances in the world."
Cross-posted at Marijuana Law, Policy and Reform
Tuesday, November 5, 2013
At a recent speech in Denver, Drug Policy Alliance executive director Ethan Nadelmann declared that we've hit "the tipping point" on marijuana policy.
With Colorado and Washington getting ready for the first ever legal, regulated, recreational marijuana retail market for adults in the U.S.; with a majority of Americans recently saying for the first time in U.S. history that marijuana usage should be made legal; with a coalition of conservative Mormon mothers fighting for safe access to medicinal cannabis for their children -- it's hard to to disagree with him.
Although much of this is recent history, it has been a long road to what very well may be the beginning of the end of marijuana prohibition in America. Here's a look back at the major milestones that helped bring the United States to its "tipping point."
1. A long, long time ago, a plant grew on planet Earth....
2. America's founding fathers were quick to celebrate its benefits...
Sunday, November 3, 2013
The Nation talks up "Dope and Change" and explains "Why It’s Always Been Time to Legalize Marijuana"
If magazine covers serve as a marker of some kind of tipping point, then November 2013 should be marked as the month when these covers went to pot. As noted in this prior post, the November 2013 issue of Reason magazine has lots of terrific coverage of modern marijuana realities and a lengthy cover story titled "Pot Goes Legit." Now I see that the November 18, 2013 issue of The Nation is covering marijuana mania with a cover picture of President Obama's high-school "Choom Gang" under the headline "Dope and Change" and this editorial headlined "Why It’s Always Been Time to Legalize Marijuana." Here is how the editorial gets started:
“Marijuana is indeed a gateway drug,” quips Sanho Tree of the Institute for Policy Studies. “It’s a gateway drug to the Oval Office!” Indeed. From Bill Clinton’s “I didn’t inhale it” through George W. Bush’s “I was young and foolish” to Barack Obama’s teen years in the Choom Gang (“I inhaled frequently—that was the point”), the last three presidents have more or less owned up to breaking America’s drug laws.
All of them were elected. Then re-elected.
This raises obvious questions: If Clinton, Bush and Obama, ex–pot smokers all, were deemed responsible enough to lead the world’s most powerful nation, largest economy and strongest military (with thousands of nukes), why are we still arresting young men and women — especially young African-Americans and Latinos — for doing what these men did? Why do countless people languish behind bars for nonviolent drug crimes? And why is pot still classified as a dangerous drug?
This is especially astonishing when you consider that almost half of all Americans — myself included — admit to having at least tried pot. As a parent who has had the substance use-and-abuse talks with my 22-year-old daughter, I’ve had a hard time explaining why she can freely purchase cigarettes, which can certainly kill her, but not marijuana, which will surely not.
When the Eighteenth Amendment banned alcohol in 1920, it took thirteen years to admit failure and enact the Twenty-first, which ended Prohibition. By contrast, it has now been almost eighty years since the Federal Bureau of Narcotics launched the “reefer madness” era. The ensuing decades have been a debacle, from Nixon’s “war on drugs” to the creation, by Joe Biden, of a national “drug czar.”
So much failure. So many lives ruined. So much time wasted. Enough. It’s time to end pot prohibition. It’s time to legalize marijuana.
In addition to this editorial, The Nation has in both its print edition and on-line an extraordinary amount of insightful commentary about modern marijuana realities past, present and future. Here are links to all the coverage, cut and pasted straight from the end of the editorial:
Also In This Issue
Mike Riggs: “Obama’s War on Pot”
Carl L. Hart: “Pot Reform’s Race Problem”
Kristen Gwynne: “Can Medical Marijuana Survive in Washington State?”
Atossa Araxia Abrahamian: “Baking Bad: A Potted History of High Times”
Various Contributors: “The Drug War Touched My Life: Why I’m Fighting Back”
And only online…
J. Hoberman: “The Cineaste’s Guide to Watching Movies While Stoned”
Harmon Leon: “Pot Block! Trapped in the Marijuana Rescheduling Maze”
Seth Zuckerman: “Is Pot-Growing Bad for the Environment?”
November 3, 2013 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)